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before they read miranda rights. this would have falln in the category you can't use this in court but this is what we needed to know if it was more substantive or is that unclear? >> it's not clear whether he provided this information before or after he was read his miranda rights. i don't know. . i know, this is according to a government source, what he has told them in the preliminary investigations. >> jake tapper, thank you very much. obviously significant information there. new information from jake tapper. i want to bring in our panel live tonight. seth jones associate director of the security defense policy center at the rand corporation. former member of the joint terrorism task force and jeffrey toobin our legal analyst. jake is saying -- this is significant in terms of the information in this. but obviously a crucial question out there which is was it obtained before or after those miranda rights were read? >> the irony here is what he is saying is not particularly helpful to him. what would be helpful to him is if he had a conspiracy he could make the government to make
to not or blank or turned his head. if it was given prior to the reading of his miranda rights, it would probably be unlikely they would use that against him in court. if it was used voluntarily afterwards, likely he would. about the fact he has lawyered up, most likely we could send the information probably came prior to his reading of the miranda rights. we don't know that right now. >> thank you very much indeed. an extraordinary court session took place inside his hospital room. a transcript of that hearing tonight that tells us about the accused bomber and the case. jason, tell us what happens, it is fascinating. >> it really is and it is an nine page transcript we got hold of. what i can tell you is this proceeding lasted about ten or 15 minutes, started about 11:30 this morning. all of the key figures came into the hospital room and all of them introduce themselves. you had the u.s. judge there and attorneys from both sides. a court reporter there as well. and everyone present wanted to make sure that he knew exactly what was going on, know about the charges that he is facing. let me read
. >> let's talk about the issue a lot of people have been talking about. not everybody, but some. miranda rights. we've watched enough detective shows no know, police shows, they give miranda rights almost like blah, blah, blah, blah, blah. it's done. why do you think that's an issue? now we just got the word as we went on the air tonight the defendant here, the suspect, i guess he's a defendant now, has been given his miranda rights. >> this is truly something of an urban legend. people like to watch shows where a criminal goes free because he wasn't given miranda rights. that's extremely rare. i do criminal defense work. i can tell you, the most you can hope for in a miranda case is one or two statements will not make it into court. it's rare the whole case falls out unless everything -- >> so it's not the poison fruit thing? >> there is a poison fruit provision, standard. but it's very rare for it to pollute an entire case. >> let me ask you practically, why don't the law enforcement officials, the federal officials up there who have him in custody at the hospital, why didn't they just
gathering purposes since he's been president. when we read these people their miranda rights and give them a lawyer the only way you can gather intelligence is if the terror suspect and the lawyer will allow you to do so. intelligence gathering through plea bargaining is not going to make us safe. jenna: so we spoke to a former member of the fbi on our show yesterday that seems to not have a problem with miranda rights, that is their opinion. we'll see what they get as far as information from this one suspect. >> can i mention something. jenna: please. >> i don't have a problem with miranda rights. this man can only be tried in federal court. he's never eligible for military commissions. a first year law student could convict this person. what i'm worried about is what does he know about future attacks? he's telling us that his brother was the bad guy, he's sort of just along for the ride. they had no international connections. guess what, he's down-playing his involvement. what i am suggesting is that we use the national security legal system where we can interview him without a lawyer to
washington, the decision to read the boston bombing suspect his miranda rights. last hour, lindsay graham and kel i iote said is there is no way a defense lawyer is going to let dzhokar tsarnaev talk any more without taking the death penalty off the table. he has been in custody for 60 hours which the feds decided to read him his miranda rates. joining us is mercedes cowlin and you had such different reactions to this. right is ticked off that his miranda rights were yesterday red to him. he can't speak we're told like a one word, yes or one word no, the left is ticked off it took him as long as it did to read the miranda rights. >> first of all, i to give kudos for calling it an act of terrorism to the obama administration like they called hassan workplace violence. bottom line, if they don't want to use the statements a this guy makes in a criminal prosecution, they can ask him questions all day long without murnd. they can do it after he gets a lawyer as long as a clean team, a team that is is not involved in the criminal prosecution goes in and asks intelligence related questions that
miranda rights? >> yes, that's my view. >> so that changes nothing in view of their ability to interrogate? >> what it changes is their ability to question him and use any statement that he makes. that they're not allowed to do. >> he is apparently claiming -- >> they don't need that in this case. they got a mountain of evidence against this guy. >> right. they have testified it seems against him and his brother for the act they perpetrated. >> correct. >> what they will i'm sure be extremely curious to find out if they can is are they part of a wider group of either like-minded individuals who have been coordinating themselves reading stuff on the internet, videos and so on, which apparently is what he's claiming. whether they're attached to anybody in chechnya, for example, or islamic fundamentalist nature, et cetera, et cetera, how far can you go in terms of eliciting that information from somebody like him in his position once he's had his miranda rights read to him as he now has? >> my view is you can go as far as you think it's productive to go. however, i don't think it's terribly p
asked if he understood what was happening. his miranda rights were read to him. they decided to read him his miranda rights. those were given to him today as well. the security here is very tight. in fact, what is interesting is, he potentially might get out of the hospital later than many of his victims that are also here recovering. greta? >> adam, in terms what have went down before he was mirandized, was he interviewed by the fbi or anybody in the last couple of days since he was taken into custody? did he give him information that they considered valuable and helpful? >> reporter: we learned a cowl of things. 1; yes, there were questions asked of him. the first few hours if not more than that, they were worried about making sure should thguy survives. he got here on friday night in pretty bad condition. he bled from injuries nearly 20 hours. he was obviously in rough condition. so the number-1 priority was to make sure he survived to get information from him. questions were asked of him before he was mirandized. they haven't said of course, they are not going to give away what he sa
. and his miranda rights were read to him. there was reporting if they weren't going to, but they decided to read him his miranda rights and those were given to him today as well. the security here is still very tight. what is interesting is he potentially might get out of the hospital later than many of his victims that are here also recovering. greta. >> adam, in terms of what went down before he was mirandized, was he interviewed by the fbi or by anybody in the last couple days since he was taken into custody? and it he give them information that they considered valuable and helpful? >> we learned a couple of things. yes, there were questions asked of him. the first few hours, if not more than that, obvious think they were making sure he survived so you had that situation. he got here friday night in pretty bad condition. he bled for nearly 24 hours and then the fire fight at the boat. the number one priority for them was to make sure he survived so they could get information from him. questions were asked of him before he was mirandized. they haven't said, of course, because it's part
with american citizens. it allows the justice department to delay reading a suspect his miranda rights if doing so is in the interest of -- quote -- "public safety." the administration had rightly invoked this public safety exception in the case of the boston suspect which provided our national security professionals a discreet period of time to gather intelligence from the suspect without the presence of his lawyer. however, soon after questioning him this way, the administration recently reversed itself and read the suspect his miranda rights. in doing so, the administration, in my view, gave up a valuable opportunity to lawfully and thoroughly question the suspect for purposes of gathering intelligence about potential future terrorist plots. whether we will be able to acquire such information has now been left entirely at the discretion of the suspect and his lawyer. put simply, the suspect has been told he has the right to remain silent, and if he doesn't want to provide intelligence, he doesn't have to. is this a responsible balance between a citizen's rights and our national security? the
was provided before or after that judge/magistrate was there and r read him his miranda rights? the right to remain silent and the right to have an attorney? >> sources have indicated to us that was part of a questioning that they did under the -- fbi agent does under a national security exemption, before he was assigned counsel. they had the ability in the interest of public safety exception to be able to ask questions, were there additional coconspirators, where and were there additional explosives. the source of things you want to know immediately in order to protect the public. presumably base wanted on what we are hearing, those are the questions they asked and the kinds of responses prior to the first appearance yesterday. >> that would fit in with the public safety exception in the there a in providing the miranda rights to this criminal defendant as he now is, charges have been read to him. fran, we'll stay in close touch with you, fran townsend. much more from boston in just a moment. other news that we're watching as well. the fbi, back in washington, up on capitol hill, lawmake
to see his miranda rights read to him in bed. it's laughable. >> the enemy is radical islam. >> i'd waterboard him, myself. >>> you are about to look live at a press conference in boston. where governor deval patrick and mayor thomas menino are about to speak about the formation and purpose of the one fund boston campaign. designed to assist those who are affected by last week's bomb attacks. this takes place as dzhokhar tsarnaev lies in a hospital bed facing charges. his condition now reported as fair. more than a week after the bombing, 45 of the scores of wounded remain hospitalized, and at least 13 have lost limbs. for the victims, the physical and emotional toll comes with a very real financial one as well. massive bills for trauma care, prosthetic limbs and even home modifications. not to mention, lengthy physical rehab and psychological counseling. as such, one fund boston is stepping in to help. already raising over $10 million for victims and their families. and while the injured struggle with recovery, the families of those killed in the bombing are facing their own stag
was given his miranda rights? >> we don't know as of yet. he has been read his miranda rights. but we don't know if this information came before or after. as you know there was a public safety exemption before he was read his miranda rights. so there was time when law enforcement had the opportunity to talk to him before he had quote/unquote lawyered up. but we don't know yet whether or not this information came before he said he understood his rights, or after. >> all right, jake tapper, terrific reporting. great to have you here this morning. >> thanks, john. >> don't miss "the lead" every day at 4:00. we're also learning more this morning about -- we're learning more this morning about criminal complaints against tsarnaev detailing step by step how the deadly attack on the boston marathon unfolded. our coverage continues this morning with miguel marquez outside best israel deaconess medical center right here in boston. good morning, miguel. >> good morning, john. this is the criminal complaint that contains what we expect are the first charges. we'll see many more against mr. tsarnaev.
they not have read his miranda rights to him yesterday if that is the case? do you leave the door of legal opportunity open a while longer. >> there are two separate issues. the public safety exception applies regardless of the type of offense that the government is investigating, and using the public safety exception is recognized by the united states supreme court. it's a lawful way of trying to get information in a very short window of time tinge le particularly when you're concerned about public safety issues as the investigators certainly were as a result of the horrific acts that the bombing suspects, the bombing defendants who are h are accused of. bill: this is a guy to lived here more than ten years. came here 2002 if memory serves. your case with richard reid he was far from an american citizen, he was far from even making a home here. what have we done in 12 years? make sure that the prosecutions can be successful? >> i would suggest that we should be using all the tools that both the united states supreme court has indicated are available in order to keep america safe, and all
Search Results 0 to 12 of about 13